Daniel O'Connor, Esq. v. King Philip Regional School District (SPR 20181991)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records December 26, 2018 SPRlS/1991 Lisa Barrett Witkus King Philip Regional School District 18 King Street Norfolk, MA 02056 Dear Ms. Witkus: I have received the petition of Daniel O'Connor, Esq. appealing the response of the King Philip Regional School District (District) to a request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1). Specifically, Attorney O'Connor requested copies of text messages and emails related to an identified District employee. Previous appeal This request was the subject of a previous appeal. See SPRl 7 /1571 Determination of the Supervisor of Records (November 6, 2018). Attorney O'Connor appealed the District's October 23, 2018 fee estimate. I closed SPRl 7/1571 in light of the District's November 6, 2018 response that included a revised fee estimate. Unsatisfied with the District's response, Attorney O'Connor petitioned this office and this appeal, SPRl 8/1991, was opened as a result. Attorney O'Connor indicates in his appeal that he seeks" ... a ruling on (1) why the cost estimate was off so dramatically, (2) why I am being charged extra money for providing electronic documents in an electronic format, and (3) why the District has not produced the text messages which were originally requested on October 9, 2018." While this appeal was pending, the District provided another response to Attorney O'Connor on December 11, 2018 in which it waived the fee associated with producing certain emails. The District also notes that it" ... has attempted to identify and locate text messages that are responsive to your request but has been unable to do so. The District is unaware of any text messages that are responsive to your request that are within its possession." In light of the District's December 11th response that addresses issues raised in Attorney O'Connor's appeal, I will now consider this appeal closed. Attorney O'Connor may appeal the One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Lisa Barrett Witkus SPR18/1991 Page 2 December 26, 2018 substantive nature of the District's December 11th response within 90 days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Daniel O'Connor, Esq.